Case Note & Summary
The State of Goa appealed against the judgment dated 10.07.2003 passed by the Sessions Judge in Sessions Case No. 18/2000, whereby respondent nos. 1, 3, and 4 were acquitted of charges under Sections 120-B, 302 of the Indian Penal Code and Section 25 of the Arms Act, and a non-bailable warrant was issued against respondent no. 2. The prosecution's case was that on 23.11.1999 at about 20.15 hours, at Khareaband, Margao, the deceased Guru Pujari was shot dead by two unknown persons on a Yamaha motorcycle. A complaint was lodged by Prakash Ramchandra Pujari, and an offence was registered under Section 302 read with Section 34 IPC and Section 25 of the Arms Act, with Section 120-B IPC added later for criminal conspiracy. After investigation, a chargesheet was filed on 22.02.2000. The trial proceeded, and the prosecution examined 55 witnesses, of which 12 turned hostile. The learned Sessions Judge, after trial and proceedings under Section 313 Cr.P.C., acquitted the respondents giving them the benefit of doubt. The State appealed, arguing that the prosecution had established the case beyond reasonable doubt. The High Court considered the submissions and found that the trial court's findings were not perverse and that the prosecution had failed to prove the charges. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Criminal Conspiracy - Sections 120-B, 302 IPC, Section 25 Arms Act - Acquittal - Appeal against acquittal - The State appealed against the acquittal of respondents for murder and criminal conspiracy. The trial court gave benefit of doubt due to hostile witnesses and lack of credible evidence. The High Court held that the prosecution failed to prove the case beyond reasonable doubt and the trial court's findings were not perverse. The appeal was dismissed. (Paras 1-10) B) Evidence Law - Hostile Witnesses - Credibility - The prosecution examined 55 witnesses, of which 12 turned hostile. The court noted that the evidence of hostile witnesses cannot be relied upon without corroboration. The trial court's decision to acquit based on insufficient evidence was upheld. (Paras 2-3)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 120-B, 302 of the Indian Penal Code and Section 25 of the Arms Act was justified based on the evidence on record.
Final Decision
Appeal dismissed. Acquittal of respondent nos. 1, 3, and 4 upheld.
Law Points
- Benefit of doubt
- Acquittal upheld
- Hostile witnesses
- Circumstantial evidence
- Criminal conspiracy
- Murder
- Arms Act
